An Akure Magistrate Court has labeled the traditions and customs of the Igbo ethnic group that denies a father the right to his children because of non-payment of wedding price as immoral and wicked

Magistrate Segun Stephen Rotiba stated that “the custom that tends to punish one person when two consenting adults are involved in the act is nothing but the highest element of insensitivity and servitude.“

The Magistrate denounced the Igbo tradition that denies a father access to and parental rights over his children due to the wife’s family not receiving the bridal price.

The Magistrate stated that the tradition was an unfair punishment to the man while passing judgment in the case of one Prophet, Theophilus Obayan, and his estranged wife, Prophetess Chibuzor Lilian.

According to Gistlover, Prophet Obayan is of Yoruba descent, and his estranged wife is an Abia State native. Before Prophetess Chibuzor married Abua Obi, one of his spiritual sons, and gave their children the surname Obi, they were both the leaders of the Divine Prophetic Solutions Prayers Ministry, Ladipo, in Lagos State.

Obayan, however, sued his wife for divorce on the grounds that she had given their children her new husband’s name as a surname. Therefore, he asked the court to end their 23-year marriage, return his children’s paternity, and give him custody of them.

Magistrate Rotiba’s decision to dissolve the marriage and accept Obayan’s requests to retrieve his four children was based on the argument that the couple had lost interest in their union.

The Respondent hinted during cross-examination, based on the evidence before the court, that although the Petitioner had not paid her bride price, her new husband, who had, had the right to have them bear his name in accordance with Igbo custom since he had paid the same.

According to him: “In the same breathe, I find the Igbo custom exuded by the respondent and her witnesses that the children of the union can bear Mr Abua Obi as their surname, atavistic, barbaric, evil, ungodly, irrational, unsensational, crass, gross, crude, unwary, provocative, ungodly, discriminatory and insensible.

“The custom that tends to punish one person when two consenting adults are involved in the act is nothing but the highest element of insensitivity and servitude.

“I condemn this custom in the strongest terms. While the matter was on, a publication was made on February 2, 2023, in Vanguard newspapers, changing the surname of the first two children of the parties to Abua Obi.

“Aside the fact that complicit to change the surname of the first two children has been established against the Respondent, it also amounts to subjudice as no action is expected to be taken on the subject matter by whoever when the matter is pending before the Court.

“This is a complete affront to the Court. I say no more. In conclusion, the Court hereby dissolves the union between the parties, having broken down irretrievably.

“The Court, hereby declares personal non grata, the custom of the Respondent awarding paternal personality to a man who is not the biological father of the children.

“The Court hereby invalidates and renders null and void the publication changing the surname of the 1st and 2nd children from Obayan to Abua Obi.

 “The Court also invalidates any other publication or whatsoever changing the surname of the Children from Obayan to Abua Obi during the pendency of this case.”